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Minutes September 18, 20014O4 CITY OF DENTON CITY COUNCIL MINUTES September 18, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, September 18, 2001, at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips and Redmon. ABSENT: None 1. The Council considered the following in Closed Meeting: Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. (1) Considered and discussed possible participation of the City of Denton, Texas as a regulatory authority for the purpose of regulating the rates and services of gas utilities under the Gas Utility Regulatory Act, in TXU Gas Distribution Cost Review proceeding, Docket No. 9233, at the Railroad Commission of Texas, and consider possible joinder with other Texas cities as a Steering Committee in said proceeding; and consult with the City's attorneys on a matter in which the ethical duties of the attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly require such a consultation to be held in private. Regular Meeting of the City of Denton City Council on Tuesday, September 18, 2001 at 6:00 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. PRESENTATIONS 2. Mayor Brock presented a proclamation for National Race Equality Day. 3. Mayor Brock presented September Yard of the Month Awards to: Lyla F. Jones Dana and Ron Leach Stanley and Suzanne Evans Jim and Darlene Jacobs Jim and Pat Nicks Chuck and Anita Mills Janette Hindman Jefferson Commons 4. City Manager Conduffrecognized staff accomplishments. City of Denton City Council Minutes September 18, 2001 Page 2 405 CITIZENS REPORT 5. Dorothy Damico regarding fair campaign practices. Nita Thurman spoke for Ms. Damico. She read a statement prepared by Ms. Damico urging the Council to approve a campaign ethics ordinance. 6. Tom Atkins regarding the City's health insurance. Mr. Atkins again expressed his concern regarding the cost for the City's health insurance for employees. He volunteered to review the city's health insurance program at no cost to the City. 7. Bob Hafer regarding weekend directional signs. Mr. Haler was not at the meeting. 8. Ross Melton regarding lack of openness in city government. Mr. Melton stated that he was still having problems with Code Enforcement and alleged violations. 9. Nell Yeldell regarding response from city officials on issues. Ms. Yeldell stated that she had not been contacted by city officials regarding the problems around her home. She had not received any response regarding the addressing of her home. CONSENT AGENDA Mayor Brock requested to pull Item #38 and consider it along with Items #41 and #42. Council Member McNeill requested to pull Item #35. Council Member Burroughs requested to pull Item #37. McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolution with the exception of Items #35, 37, and 38. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 10. Approved the minutes of August 7, August 10, August 14, August 15, and August 21, 2001. 11. NO. R2001-048 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING AMENDED CITY POLICIES FOR EMPLOYEE INTRODUCTORY PERIOD AND EMPLOYEE DISCIPLINE AND SEPARATION, INCLUDING DISCIPLINARY ACTION, AND REVIEW HEARING POLICIES; AND DECLARING AN EFFECTIVE DATE. 4 0 6City °fDent°n City C°uncil Minutes September 18, 2001 Page 3 12. 13. 14. 15. 16. NO. 2001-346 AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE CONSTRUCTION AND MANAGEMENT OF CROSS TIMBERS PARK, WHICH PRESERVE AREA IS A THREE ACRE TRACT OF LAND BEING A PORTION OF LOT 23, BLOCK E, RYAN RANCH, AN ADDITION TO THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. NO. R2001-049 A RESOLUTION ALLOWING MI CASITA RESTAURANT TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA EVENT ON OCTOBER 13, 2001, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2001-347 AN ORDINANCE APPROVING A REAL ESTATE AGREEMENT BETWEEN THE CITY OF DENTON AND YMCA OF METROPOLITAN DALLAS, RELATING TO THE PURCHASE OF AN APPROXIMATE 8.3 ACRE TRACT OF LAND, BEING LOT 1, BLOCK 1, YMCA ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. NO. 2001-348 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WALNUT ACRES, LLC, RELATING TO THE PURCHASE OF APPROXIMATELY 0.4269 ACRE OF LAND BEING LOCATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PARCEL 5A) NO. 2001-349 AN ORDINANCE PARTIALLY RELEASING A CERTAIN MOWING LIEN RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS IN VOLUME 2722, PAGE 0925, AS IT PERTAINS TO A 0.0019 ACRE TRACT NECESSARY FOR THE U.S. HIGHWAY 380 WIDENING PROJECT (PARCEL 5); AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 18, 2001 Page 4 407 17. NO. 2001-350 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION REGARDING PARTICIPATION IN CLEAN VEHICLES PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2737 - CLEAN AIR VEHICLE ORDINANCE). 18. NO. 2001-351 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL AID, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2703 - SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL ASSISTANCE, AWARDED TO HELPNET OF THE GREATER DENTON AREA, IN THE AMOUNT OF $22,500). 19. NO. 2001-352 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2704 - iNFANT & CHILD PROGRAM FOR LOW-INCOME FAMILIES, AWARDED TO FRED MOORE DAY NURSERY SCHOOL, IN THE AMOUNT OF $38,000). 20. NO. 2001-353 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2705 - CHILDCARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY COUNTY DAY SCHOOL, IN THE AMOUNT OF $35,000). 21. NO. 2001-354 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2706 - PRENATAL PROGRAM FOR LOW-INCOME FAMILIES, AWARDED TO FAMILY HEALTH CARE, INC., FOR $30,000). City of Denton City Council Minutes September 18, 2001 Page 5 22. NO. 2001-355 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW~ INCOME FAMILIES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BD 2707 - EMERGENCY UTILITY ASSISTANCE PROGRAM, AWARDED TO INTERFAITH MINISTRIES, $17,250). 23. NO. 2001-356 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2708 - RELATIONSHIP VIOLENCE & SEXUAL ASSAULT PROGRAM, AWARDED TO FRIENDS OF THE FAMILY, IN THE AMOUNT OF $36,000). 24. NO. 2001-357 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME & HOMELESS FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2709 - SELF- SUFFICIENCY PROGRAM FOR LOW INCOME & HOMELESS HOUSEHOLDS AWARDED TO HOPE, INC., IN THE AMOUNT OF $30,000). 25. NO. 2001-358 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE & HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2710 - CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS, AWARDED TO SPAN, IN THE AMOUNT OF $29,000). 26. NO. 2001-359 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CHILDCARE EXPANSION PROGRAM FOR LOW INCOME CHILDREN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2711 - CHILDCARE EXPANSION PROGRAM FOR LOW INCOME CHILDREN, AWARDED TO DENTON CHRISTIAN PRESCHOOL, IN THE AMOUNT OF $30,000). City of Denton City Council Minutes September 18, 2001 Page 6 409 27. NO. 2001-360 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF A WALKING TRACK SURFACE AT THE CIVIC CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2720 - NEW WALK1NG TRACK SURFACE CITY OF DENTON CIVIC CENTER, AWARDED TO PONDER COMPANY INC., IN THE AMOUNT OF $42,848). 28. NO. 2001-361 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE REMOVAL AND DISPOSAL OF LEAD BASE PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2727 - REMOVAL AND DISPOSAL OF LEAD BASE PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION, AWARDED TO SOUTHWEST CONSTRUCTORS, INC., IN THE AMOUNT OF $28,728). 29. NO. 2001-362 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF COMMERCIAL PROPERTY AND BOILER & MACHINERY INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (RSFP 2728 - COMMERCIAL PROPERTY AND BOILER & MACHINERY INSURANCE AWARDED TO FM GLOBAL, AT A COST TO THE CITY OF DENTON NOT TO EXCEED $$162,165). 30. NO. 2001-363 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING IMPROVEMENTS ON DUNCAN AND NEFF STREETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2719 - DUNCAN AND NEFF STREET PAVING AWARDED TO JAGOE PUBLIC COMPANY, IN THE AMOUNT OF $65,603.25). 31. NO. 2001-364 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF ELECTRICAL AIR SWITCHES; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2716 - ELECTRICAL AIR SWITCHES, AWARDED AS LISTED BELOW IN THE ANNUAL ESTIMATE AMOUNT OF $35,000). 41 of Denton Council Minutes City City September 18, 2001 Page 7 32. NO. 2001-365 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF AUTOMATIC THROW OVER (ATO) SWITCHES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2717 - ANNUAL PRICE AGREEMENT FOR ATO SWITCHES, AWARDED TO TEMPLE, INC., IN THE AMOUNT OF $38,828). 33. NO. 2001-366 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF VARIOUS SIZES OF ALUMINUM WIRE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2718 - ANNUAL PRICE AGREEMENT, AWARDED TO WESCO OF FORT WORTH IN THE ANNUAL ESTIMATED AMOUNT OF $60,000). 34. NO. 2001-367 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN ANNUAL CONTRACT FOR JANITORIAL SERVICES IN MUNICIPAL BUILDINGS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2723 - JANITORIAL SERVICES AWARDED TO AMERICAN HOUSEKEEPING, INC., IN THE AMOUNT OF $25,407.14 PER MONTH OR $304,885.68 PER YEAR). 36. NO. R2001-050 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. Item #35 was considered. Council Member McNeill questioned the intent of the commercials. Sharon Mays, Director of Denton Municipal Electric, reviewed the provisions of the advertising that would deal with the programs available to citizens such as energy awareness programs. These would be informational programs emphasizing energy audits, heating and cooling programs, budget management programs and the Plus One Program. The following ordinance was considered: NO. 2001-368 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROMOTIONAL COMMERCIALS FROM CHARTER MEDIA, DENTON, TEXAS, PERTAINING TO DENTON MUNICIPAL ELECTRIC, WHICH City of Deuton City Council Minutes September 18, 2001 Page 8 411. ARE AVAILABLE FROM ONLY ONE SOURCE 1N ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PO 16581 - CHARTER MEDIA IN THE AMOUNT OF $36,608). McNeill motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. Item #37 was considered Council Member Burroughs indicated that Council had two choices to consider regarding whether to approve or not the request. Ed Snyder, Deputy City Attorney, stated that restricted covenants would be placed and recorded against the property but would not be binding on UNT, the City of Denton or the State of Texas. He needed direction from the Council if they would want the covenants to continue to apply if UNT acquired the property sometime in the future. Mayor Pro Tem Beasley stated that the property would be taxable property at the beginning of the lease period. Two prior cases were represented as commercial property that would be on the tax rolls, only to have them later removed from the rolls. She expressed a concern that there might be a trend that would not have these properties on the tax rolls for not only the City rolls but also the school district and the county rolls as well. Council Member Redmon felt that the University was getting into private enterprise that would be unfair to apartment owners to market their apartments versus the dorm type structures that were being built. Mayor Brock felt that the Council was misled with the zoning case and was not aware of the implications of the zoning case. A second concern was the role of the City of Keller involved with taking tax property off the tax rolls. Council Member McNeill stated that the case presented to the Planning and Zoning Commission appeared to be property that would be developed and operated by a private owner. Council Member Burroughs suggested working out an agreement with the county on a policy level to set out ground rules for consideration of these types of developments. The following resolution was considered: NO. R2001-051 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ISSUANCE OF BONDS BY THE KELLER HIGHER EDUCATION FACILITIES CORPORATION FOR A DORMITORY FACILITY TO BE LOCATED IN THE CITY OF DENTON, TEXAS; PROVIDING AN EFFECTIVE DATE. 41 City of Denton City Council Minutes September 18, 2001 Page 9 Beasley motioned, McNeill seconded to approve the resolution and the second agreement presented. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. PUBLIC HEARINGS 39. The Council held the second of two public heatings to consider the involuntary annexation and service plan for approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial jurisdiction (ETJ) of the City of Denton. (Masch Branch Road Asphalt Plant, A01-0004) Dave Hill, Assistant City Manager for Development, stated that this was the second of two required public hearings on this involuntary annexation. The staff was working on a restrictive covenant agreement with the property owner. The Planning and Zoning Commission had recommended approval 6-0 for the annexation. The Mayor opened the public hearing. The following individual spoke during the public heating: Lurlene Mayo, 3913 Hampton, Denton, 76207 favor of annexation The Mayor closed the public hearing. No action was necessary on this item. 40. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 2,226 acres of land generally located south of FM 2449, west of 1-35 West, north of Robson Ranch Road and partially east of the Robson Ranch Development and John Paine Road in the extraterritorial jurisdiction (ETJ) of the City of Denton. (Hunter Ranch A01-0005) Dave Hill, Assistant City Manager for Development, stated that the Planning and Zoning Commission had recommended approval 7-0 of the annexation proposal. This had previously been an involuntary petition initiated by City. Two properties that were in the original involuntary annexation were not part of the annexation at this time. The Mayor opened the public hearing. Misty Ventura, 1717 Main Street, Dallas, 75201, spoke during the public heating. She was representing the property owner who was in favor of the annexation provided the property would be zoned agricultural and they would have continue use of the property for gas development. The Mayor closed the public hearing. No action was required on this item. City of Denton City Council Minutes September 18, 2001 Page 10 413 ITEMS FOR INDIVIDUAL CONSIDERATION Mayor Brock left the meeting due to a conflict of interest. Council considered Item #38 NO. R2001-052 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS IN TXU GAS COST REVIEW PROCEEDING, GUD DOCKET NO. 9233; AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS THEREFOR; AND REQUIRING REIMBURSEMENT OF RATE CASE EXPENSES INCURRED BY THE CITY; FINDING THAT THE COUNCIL MEETING AT WHICH THE ABOVE ACTION TOOK PLACE COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Btm:oughs motioned, McNeill seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 41. The Council considered adoption of an ordinance on first reading granting to TXU Gas Distribution, a division of TXU Gas Company, its successors and assigns, a franchise to furnish, transport and supply gas to the general public in the City of Denton, Denton County, Texas, for the transporting, delivery, sale, and distribution of gas in, out of, and through said municipality for all purposes; providing for the payment of a fee or charge for the use of the streets, alleys, and public ways; repealing all previous gas franchise ordinances and ordinances in conflict herewith; providing that it shall be in lieu of other fees and charges, excepting ad valorem taxes; prescribing the terms, conditions, obligations and limitations under which such franchise shall be exercised; providing a savings clause; a severability clause; and an effective date. Burroughs motioned, McNeill seconded to approve the ordinance on first reading. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carded unanimously. 42. The Council considered adoption of an ordinance on first reading granting to TXU Electric Company doing business as TXU Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the city; prescribing the duties, responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; providing for retroactive effect; and providing an effective date. 4',City of Denton City Council Minutes September 18, 2001 Page 11 McNeill motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. Mayor Brock returned to the meeting. 43. The Council considered approval of a resolution on Fair Campaign Practices. Council Member Fulton felt that due to various activities and accusations done during the last election, the Council needed to adopt such a practice. She felt that the Council should adopt the alternate resolution suggested by Council Member McNeill and that it be included in the packet of materials given out at the time for filing for office. The candidate could then decided whether to sign or not sign the practice. Council Member McNeill felt that the Council should not pass the practice as a resolution or ordinance. He did support Council Member Fulton's recommendation to make the practice a part of the election materials. Fulton motioned, Beasley seconded to direct the City Secretary to provide both documents to candidates at the time of filing with the indication that the second document was a community based information document that was optional to sign. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously. 44. The Council considered appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. Consensus of the Council was to appoint Mayor Brock as voting delegate and Council Member Burroughs as alternate voting delegate. 45. The Council considered nominations and appointments to the City's Boards and Commissions. Council Member Redmon nominated Carl Williams to the Human Services Advisory Committee. Redmon motioned, Phillips seconded to suspend the rules and approve the nomination. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor t~rock "aye". Motion carried unanimously. 45. Consider appointments to Council Committees. Consensus of Council to replace Council Member McNeill on the Lalor Tax Fund Committee with Council M~mb~r Phillips p~r Council M~mbcr McNeill's request. 46. New Business The following items of New Business were suggested by Council Members for future agendas: City of Denton City Council Minutes 4 September 18, 2001 Page 12 A. Council Member Burroughs requested a work session to discuss a policy for future facilities doing tax exempt bonds and coordinating with the County for approval. B. Council Member Redmon suggested looking into community service projects for individuals who needed to pay fines. C. Council Member Redmon invited Council to attend a community meeting on September 24th at 6:30 p.m. at the Martin Luther King, Jr. Recreation Center. He suggested the meeting be posted in order to allow interes/ed Council Members to attend. D. Council Member Redmon suggested a discussion regarding zoning cases relative to letters of opposition. E. Council Member McNeill suggested an outside agency review of city operations. F. Council Member McNeill suggested developing a policy statement regarding the placement of video cameras at intersections. G. Council Member Phillips requested information on what the city was doing for mosquito control. 47. Items from the City Manager City Manager Conduff did not have any items for Council 48. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 49. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:31 p.m. EULINE BROCK, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS